Can I call a customer about an unpaid invoice?
Can I call a customer about an unpaid invoice
Published May 14, 2026
Short answer
Yes. As the business that performed the work and issued the invoice, you have every right to call your customers to follow up on unpaid balances. The FDCPA applies to third-party collectors -- agencies hired to collect someone else's invoices. It does not restrict the original creditor from contacting their own customer. You should call between 9 AM and 8 PM in the customer's local time, be truthful about who you are and why you are calling, and honor a request to stop calling. That is it.
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Connect your booksThe legal distinction here is first-party versus third-party. A first-party caller is the business that is owed the money -- the plumber who fixed the leak, the HVAC company that serviced the furnace, the general contractor who built the addition. A third-party caller is an agency or debt buyer that steps in to collect on behalf of the original creditor. Federal law (the FDCPA) places significant restrictions on third-party collectors: call time windows, verbal disclosures, cease-and-desist rights, dispute procedures. These rules do not apply to the original business calling their own customer.
What does apply to first-party calls is common sense and basic decency. Do not call at midnight. Do not threaten action you cannot or will not take. Do not misrepresent who you are or how much is owed. Do not call multiple times per day on the same invoice. None of these are legal requirements in most states for first-party callers -- they are good business practice that protects the customer relationship.
TCPA (the Telephone Consumer Protection Act) adds one layer that does apply to first-party callers using automated systems. If you use an automatic dialing system or a prerecorded voice message to contact a customer on their mobile phone, TCPA requires prior express consent. A customer who gives you their mobile number as a contact when booking your service has generally provided that consent. If you are using a voice AI system to make the call, the same consent requirement applies -- Syntharra's calls are compliant because the customer relationship implies consent for service-related communication.
Some states have their own consumer protection statutes that apply to all callers, not just third-party agencies. California's Rosenthal Act, for example, extends some FDCPA-style protections to first-party collection calls. If your business operates in California or another state with similar rules, consult an attorney about specific requirements. Most small businesses operating across state lines do not need to worry about this in practice, but large-volume callers should be aware.
The practical answer: call on day 3 past due, in business hours, identify yourself accurately, state the balance and ask if they can resolve it today, and honor a request to reschedule the call. That sequence is legally unambiguous for any first-party business in any US state.